As political actions in direction of the 2027 common elections collect momentum, the Nigerian Bar Affiliation (NBA) has sounded a warning to legal professionals, judges, and the electoral umpire over their growing interference within the inner disputes of political events.
The NBA based mostly its warning on the conviction that “Democracy won’t thrive in a state of affairs the place legal professionals and courts take actions and selections that not solely negate our legal guidelines but in addition do violence to them.”
The Affiliation’s place will not be unconnected with the Unbiased Nationwide Electoral Fee (INEC’s) choice to take away the management of the African Democratic Congress (ADC), from the fee’s portal.
The choice of INEC, which has sparked huge controversy, led to the Senator David Mark-led management of the ADC, main a mass protest to the INEC’s headquarters and calling for the resignation of the Fee’s chairman, Prof Joash Amupitan, SAN.
INEC had mentioned it based mostly its choice on the ruling of a Court docket of Enchantment, which ordered events to take care of established order ante bellum.
Apart from the ADC situation, the Peoples Democratic Occasion (PDP) is ready for the apex court docket to find out the genuine management of the celebration, between people who emerged from its November 2025 nationwide conference in Ibadan, Oyo State, and people who newly emerged from a latest conference held in Abuja.
Decrying the growing involvement of the judiciary within the inner affairs of political events, the NBA warned that if pressing steps will not be taking to curb the event, the nation’s democracy would quickly be at nice threat.
“What we now see are conditions the place actions will not be solely instituted in Courts by legal professionals in clear violation of the Act, however Courts purportedly grant interim and/or interlocutory injunctions in clear contempt of statutory provisions of the legislation. This doesn’t augur nicely for our democracy”, the NBA mentioned.
President of the NBA, Afam Osigwe, SAN, who disclosed that the physique was intently monitoring latest political and authorized developments pressured that, “these developments, significantly these arising from the interpretation and potential software of provisions of the Electoral Act 2026, increase critical constitutional, democratic, and rule-of-law issues that require speedy intervention.
“We significantly deprecate the disturbing involvement by legal professionals and courts within the inner affairs of political events regardless of the clear provisions of the Electoral Act, 2026, which stipulates in Part 83 of the Act that, No court docket in Nigeria shall entertain jurisdiction over any swimsuit or matter pertaining to the inner affairs of a political celebration.
“Not solely are courts denied jurisdiction to entertain any matter pertaining to the inner affairs of a political celebration, however they’re additionally precluded from granting any interim or interlocutory injunction even the place any motion has been introduced in violation of the Act”, a press release he issued on Friday learn.
To this finish, he referred to as on the Unbiased Nationwide Electoral Fee (INEC) to train its expanded supervisory powers with utmost neutrality, independence, and constancy to democratic values.
In line with him, INEC should not, underneath any circumstances, be perceived as a participant in political engineering or as an establishment whose regulatory authority is deployed in a fashion that weakens political pluralism.
“The Chairman of INEC, being a distinguished Professor of Legislation and Senior Advocate of Nigeria, is uniquely positioned to understand the constitutional implications of those developments.
“The NBA expects that the Fee, underneath his management, will be sure that its actions mirror independence, equity, and strict adherence to democratic norms.
“The Bar is intently watching the conduct of the Fee and expects that its regulatory function will strengthen, not diminish, confidence in Nigeria’s democratic course of”, he added.
Whereas reminding legal professionals that they’re Ministers within the Temple of Justice and never political brokers in search of judicial endorsement of partisan goals, Osigwe warned that submitting of actions meant to attract courts into inner political celebration disputes, significantly the place jurisdiction is expressly excluded, constitutes an abuse of court docket course of and a violation {of professional} duty.
He assured that the physique would penalise legal professionals who intentionally file actions aimed toward procuring judicial interference in intra-party affairs, or who search ex parte or interlocutory orders in clear violation of statutory provisions.
He added: “We won’t hesitate to current petitions earlier than the Authorized Practitioners Disciplinary Committee (LPDC) in opposition to any Authorized Practitioner discovered to be participating in such conduct. This will likely be pursued decisively to function a deterrent and to protect the sanctity of the judicial course of.”
Equally, he referred to as on the Nationwide Judicial Council (NJC) to make rules that can sanction any decide who knowingly assumes jurisdiction in issues clearly barred by legislation, grants orders in respect of intra-party disputes in violation of statutory provisions, or lends the authority of the court docket to partisan political maneuvering.
He mentioned, “The NBA won’t shrink back from drawing the NJC’s consideration to the actions of any judicial officer discovered to have acted in a fashion inconsistent with the judicial oath, constitutional obligations, and the preservation of public confidence within the courts.
“The NBA won’t hesitate to activate its constitutional duty to guard the integrity of the justice system”.
Alex Enumah
Times Nigeria